Privilege: Conduct of Right Hon. Boris Johnson
Debate between Baroness Harman and Jacob Rees-Mogg(1 year, 6 months ago)
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Ms Harriet Harman (Camberwell and Peckham) (Lab)
It is a privilege to follow the serious and important speech of the right hon. Member for Maidenhead (Mrs May), every word of which I agreed with.
The evidence on which our conclusions are based is fully set out in the report. I want to place on record the great debt of gratitude that I believe the House owes to the Clerks of the House, to Speaker’s Counsel and to Sir Ernest Ryder. The quality of their work and their dedication to the House is extraordinary. They are public servants of quite remarkable calibre.
The evidence shows that, on a matter that could hardly have been of more importance, Mr Johnson deliberately misled the House, not just once but on numerous occasions. The evidence shows that he denied what was true, asserted what was not true, obfuscated and deceived. It is clear that he knew the rules and guidance: as Prime Minister, he was telling the country about them nearly every day. He knew that there were gatherings: he was there. He knew that the gatherings breached the rules and the guidance. Yet he told the House that the rules and the guidance were followed in No. 10 “at all times”.
Misleading the House is not a technicality but a matter of great importance. Our democracy is based on people electing us to scrutinise the Government, and, on behalf of the people we represent, we have to hold the Government to account. We cannot do that if Ministers are not truthful. Ministers must be truthful; if they are not, we cannot do our job. It is as simple and as fundamental as that. The House asked the Privileges Committee to inquire into the allegations that Mr Johnson, who was then Prime Minister, misled the House. That is the mechanism—the only mechanism—that the House has to protect itself in the face of a Minister misleading it. We undertook the inquiry, scrupulously sticking to the rules and processes laid down by this House under Standing Orders, and following the precedents of this House.
Sir Jacob Rees-Mogg (North East Somerset) (Con)
I wonder whether the right hon. and learned Lady could say something of her own position in relation to the precedent set by a judicial Committee of the House of Lords, when a decision in which Lord Hoffmann was involved was set aside not because he was biased, but because of the perception of bias. In relation to her famous tweets, how does she think she met the Hoffmann test?
Ms Harman
I am happy to answer the right hon. Gentleman. I was appointed by this House in the expectation that I would chair the Committee, with no one speaking against it. After the tweets were brought to light and highlighted, as I am concerned about the perception of fairness on the Committee—I agree that perception matters—I made it my business to find out whether it would mean that the Government would not have confidence in me if I continued to chair the Committee. I actually said, “I will be more than happy to step aside, because perception matters and I do not want to do this if the Government do not have confidence in me. I need the whole House to have confidence in the work that it has mandated.” I was assured that I should continue the work that the House had mandated, and with the appointment that the House had put me into, and so I did just that.
Our report was based on two things: the evidence and our keen awareness of the seriousness of misleading the House. The Committee was unanimous that a sanction that would trigger the Recall of MPs Act was justified in the light of our conclusion that Mr Johnson deliberately misled the House and the Committee. We then felt it necessary to increase the sanction to 90 days to reflect the seriousness of his breaching of the confidence of the Committee, his impugning of the Committee, thereby undermining the democratic process of the House, and his complicity in a campaign of abuse, attempting to intimidate the Committee, to stop us from carrying out our work and to discredit it.
Like the right hon. Member for Maidenhead, with whom I share a great deal—including, it turns out, a necklace—I thank every member of the Privileges Committee. Over the course of the past year, they have considered thousands of pages of evidence and participated in more than 30 meetings to do the job that the House asked them to do with outstanding dedication and commitment, particularly the Conservative members of the Committee, who have also had to be extraordinarily resilient. They have had to withstand a campaign of threats, intimidation and harassment designed to challenge the legitimacy of the inquiry, to drive them off the Committee and thereby to frustrate the intention of the House that the inquiry should be carried out. Yet through all that, they have not given in to the intimidation. They have been unflinching in their duty to the House, and we owe them a huge amount.
We need Members to be prepared to serve on the Privileges Committee. They must be free to base their judgments on the evidence, free from pressure one way or the other. If the House wants its rights to be protected in the future, it must act to stop intimidation of members of the Privileges Committee.
Attacks by hon. Members on other hon. Members designed to pre-empt the Committee’s findings frustrate the will of the House, erode public confidence and thereby undermine our democracy. They may themselves be contempt of the House, because they are attempts to impede the functioning of the House. We will make a further report to the House on that shortly, inviting consideration of what could be done to prevent it from happening in the future.
None of that is a threat to the free speech of Members. Members can engage in the process throughout: they can speak and vote against a referral to the Privileges Committee; they can speak and vote against the appointment of any member of the Privileges Committee; they can bring to the House proposals for changes to the procedure; and they can speak about a report’s conclusions, but what they must not do is interfere with the work the House has mandated.
The report does not create a chilling effect on what Ministers say at the Dispatch Box. If Ministers make a mistake, which inevitably happens, and inadvertently say something that is misleading, they are expected to correct it at the earliest opportunity, and that is done routinely. Inadvertent misleading, promptly corrected, is not an issue; it is the system working. The House understands it if Ministers decline to answer, for example, on matters of national security or market sensitivity.
Too many members of the public already think that we are dishonest, but hitherto I have found in my 40 years in this House that most Ministers, in all Governments, are at pains to tell the truth. The sanction in the report reinforces and upholds Ministers’ high standards and shows the public that that is the case.
Business of the House
Debate between Baroness Harman and Jacob Rees-Mogg(4 years, 9 months ago)
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Mr Rees-Mogg
My hon. Friend makes a compelling case for the failure of the do-nothing Mayor, but fortunately the people of London will have the opportunity to vote for Shaun Bailey in May.
Ms Harriet Harman (Camberwell and Peckham) (Lab)
When will the Secretary of State for Health next come to the House to update us? People will have seen reports on last night’s news that two patients at King’s College Hospital in my constituency have been diagnosed as positive with coronavirus. That has immediately raised questions in the minds of patients who are due for appointments this morning. Should they go in or not? Would visitors be turned away if they went to visit their friends and relatives? Should GPs be referring now? Until the point at which I came into the Chamber, there was nothing on the King’s website to say what the situation is. I understand that it is business as usual in King’s College hospital, and I want to thank all the staff for their work, particularly those in A&E, but we need to have more immediate real-time information as well as the important work that is being done in the national health service.
Mr Rees-Mogg
The right hon. and learned Lady raises the right points. The Health Secretary will be in the House on Tuesday for routine questions, but he has committed to making more frequent statements if that is necessary. May I add the important piece of advice that anybody who is worried about symptoms of coronavirus should ring 111, and not go into A&E. I reiterate her thanks to the people who are serving on the frontline in the NHS in dealing with this problem.
Leveson Inquiry
Debate between Baroness Harman and Jacob Rees-Mogg(12 years ago)
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Ms Harman
I will press on with my comments, because many hon. Members want to speak.
That is the core reason why Leveson concludes that statute is, to use his word, “essential”. However, to follow up on the point made by the hon. Member for Reigate (Mr Blunt), all that any statute would have to do is set out criteria about what independence means and check once every three years that it is still independent—that is all. The oversight body—the one prescribed by statute—would have no role in hearing complaints, no role in deciding whether they are justified, no role in laying down penalties, and absolutely no role in deciding anything that does or does not go into a newspaper. That would be down to the independent self-regulator set up by the industry.
Ministerial Code (Culture Secretary)
Debate between Baroness Harman and Jacob Rees-Mogg(12 years, 6 months ago)
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Jacob Rees-Mogg (North East Somerset) (Con)
Will the right hon. and learned Lady take an intervention from me instead?
Ms Harman
I will make a bit of progress, if I may, and then I will give way to the hon. Gentleman.
First, there is the obligation to give accurate and truthful information to the House. On 19 March 1997, this House resolved that one of the principles that the House sees as being of paramount importance is
“that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity.”
The seriousness that the House places on this is underlined by the resolution going on to say:
“Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister”.
That is the wording of paragraph 1.2.c. of the ministerial code. This is not just some old-fashioned relic of House pomposity; it matters. I know that Members in all parts of the House regard—
Ms Harman
I would think that it would be common agreement that the ministerial code is important, and I am, if the hon. Gentleman will forgive me, simply setting out what the ministerial code says. I cannot believe that he wants to take issue with my describing, at the outset of moving this motion, what the ministerial code says. I put it to the hon. Gentleman: does he, as a Back Bencher, believe that his rights as a Back Bencher are important and that Ministers should answer truthfully to this House?
Jacob Rees-Mogg
I am grateful and flattered that the deputy leader of the Labour party should want to intervene on me while I am in a sedentary position. I would like to put to her the question about “knowingly” misleading the House. There is no suggestion whatever from any quarter that the Secretary of State ever knowingly misled this House.
Ms Harman
No, I am not going to give way. I owe it to the House to set out the case that I am making, based on the facts.
It emerged during the evidence to the Leveson inquiry that on 19 November 2010, when it was the Business Secretary’s responsibility, the Culture Secretary sent a memo to the Prime Minister about the News Corporation bid for BSkyB, setting out his views and asking for a meeting. In anyone’s book, a memo setting out his views and asking for a meeting is an intervention.
Secondly, in relation to the Culture Secretary’s special adviser, special advisers have a political role and are appointed directly by the Secretary of State. That is why the ministerial code places responsibility for their management and conduct on the Secretary of State. The Secretary of State acknowledged this at the Leveson inquiry. It was put to him that the person responsible for Adam Smith’s discipline
“was you, not the Civil Service, wasn’t it?”
The Culture Secretary replied:
“Well, he reported to me, yes”,
and went on to say:
“I do have responsibility for what he does. I actually have responsibility for whatever everyone in my Department does, but I have more direct responsibility for the people who are my direct reports.”
Quite so. But at the very least there is prima facie evidence that the Secretary of State failed to take responsibility for the management and conduct of his special adviser—